Tag Archives: Hawaiian

The Best Films about Hawaiʻi

I show my students the 1966 film Hawaii, based on James Michener’s book, partly so that we can deconstruct it. Students can see that it demeans Hawaiian culture, but then I ask them if things are any better today. Hawaiʻi and Hawaiian culture continue to be misrepresented in mainstream media. Exhibit A: Aloha the film about how everyone in Hawaiʻi is white (except Bumpy). I reviewed The Descendents and Princess Kaʻiulani when they were released. There isnʻt exactly a deep reservoir of films to choose from for this list, but as Puhipau and Joan Lander are being honored this week in the ʻOiwi Film Festival, here are some gems of the Hawaiian silver screen:

A Mau a Mau: While some may dispute John Kaʻimikaua’s oral histories, it’s hard to deny the quality of the filmmaking. Nalani Minton’s film captures the Hawaiian sense of connection with the most subtle aspects of the natural world: the wind, the sea, the sea spray.

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Hoʻokūʻikahi: To Unify as One – This telling of the events of Puʻukoholā heiau, both historically and today (beginning with the 1991 ceremony of rekindling the ties between Kaʻu and Kohala after 200 years of bitterness) is one of the films that shows Hawaiian culture as living and vibrant – not museum culture. John Keola Lake says in the film: “we don’t want to use [Puʻukoholā] as a memorial, let’s use it as a living place.”

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Puʻukoholā heiau (photo: wikimedia commons)

O Hawaiʻi: Of Hawaiʻi from Settlement to Unification – an invaluable curriculum resource for teaching traditional Hawaiian society, Iʻm not sure whether the film was ever released on DVD. Tom Coffman’s film shows the renewal of the field of Hawaiian history itself  (with the help of archaeology and linguistics), from something static, relegated to “the mists of time” to a vibrant, dynamic era, full of change.

Act of War: The Overthrow of the Hawaiian Nation – What is there to say about what is almost certainly the most watched film on Hawaiian history, it is also the only film Iʻm aware of that has a footnoted script!

Stolen Waters – While Puhipau and Joan Lander were clearly on the side of Windward farmers (as the title implies), they do a fine job of showing the arguments of the Leeward (Big 5) interests and their pawns. Another version, Kalo Paʻa o Waiahole, can be use alternately to emphasize the hearings or the more esoteric meaning of wai for Hawaiians.

Noho Hewa: The Wrongful Occupation of Hawaiʻi – Keala Kelly attempted something very difficult with her film; to have a story without a narrator. The characters, interviewees and events themselves tell the story, and few films are more brutally powerful. While not as aesthetic as the first two films in this list, Noho Hewa is nevertheless a must see (leave the kids at home).

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Stevenson in the Pacific

This is the continuation of the long-delayed “In Hawaiʻi” series, which includes posts on Mark Twain, Herman Melville and John Coltrane. I called this one Stevenson in the Pacific because Sāmoa features so centrally in his story.

When I was nine years old, I visited Sāmoa (then called Western Sāmoa) on the way to Tonga. My family was at the Tusitala Hotel, and in the lobby was a picture of Robert Louis Stevenson that has always stayed with me in memory. Tusitala was a Samoan name for Stevenson, meaning “teller of tales.” The hotel was in Apia, below his hillside home of Vailima – five waters. (We visited another great writer in Apia, Albert Wendt.)  Vailima was described by the great writer Henry Adams:

a two-story Irish shanty with steps outside to the upper floor and a galvanized iron roof … squalor like a railroad navvy’s board hut …

And so was Stevenson himself:

…a man so thin and emaciated that he looked like a bundle of sticks in a bag, with a head and eyes morbidly intelligent and restless…

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Stevenson painted by John Singer Sargent

Stevenson sought a climate that would restore him to the health damaged from cold British winters, but I always wondered why he chose Sāmoa, as Pago Pago is, to this day, the most humid place I’ve ever been.

Thinking myself an adventurous nine-year old in 1981, I marveled at Stevenson adventuring to what was at the time an incredibly remote place. This was, in fact, what attracted him; he had considered living in Hawaiʻi:

Honolulu’s good – very good … but this seems more savage

I fancied myself following in his footsteps, moving to Tonga, but looking back, more likely, it was his stepson Lloyd’s footsteps I was following. I was familiar with his novels Kidnapped and Treasure Island, and of course Dr. Jeckyll and Mr. Hyde, and saw the difference between them and Sāmoa, a testament to his versatility. It was perhaps the insights in Jeckyll and Hyde, of “man’s” dual nature that gave him the ability to accept, then embrace Polynesian people and culture. The Biographer Rice said of his arrival in Sāmoa:

…at first … he is extremely nervous about their menacing appearance. ʻThere could be nothing more natural than these apprehensions’ he wrote for The Sun, ʻnor anything more groundless.’

(Rice, 1974, 109)

He was a vocal critic of Victorian hypocrisy, and “was not afraid to live as he wished,” marrying a woman ten years older than he who was probably part African American.

Stevenson took four trips with his family to the Pacific, and two to Hawaiʻi at auspicious moments; one before (1889) and one immediately after the overthrow of the monarchy (September 1893). And unlike other Europeans, Stevenson was a royalist and his sympathy was with the Queen. Upon landing in Honolulu he went directly to her and expressed his sympathies. He had already written at length about colonial activities in Sāmoa, criticizing Western powers right at the moment that Germany and the US were dividing Sāmoa in two.

On his first trip, Stevenson became friends with Kalākaua and Princess Liliʻuokalani. He also met another famous writer of his age who had visited Hawaiʻi, Mark Twain. He wrote to Twain from Sāmoa as it descended into civil war:

I wish you could see my ʻsimple and sunny haven’ now; war has broken out…

But his closest association was with his fellow Scot Archibald Cleghorn and, famously, his daughter Princess Kaʻiulani. He wrote to a friend, “how I love the Polynesian!” and seemed particularly fascinated that one of them, heir presumptive to the throne, was an Edinburgh Scot, like himself, on her “worse half.” The poem he wrote her before she left for an English education is fairly well-known:

Forth from her land to mine she goes,

The island maid, the island rose,

Light of heart and bright of face:

The daughter of a double race.

Her islands here in Souther sun,

Shall mourn their Kaiulani gone,

And I, in her dear banyan shade,

Look vainly for my little maid.

But our Scots islands far away

Shall glitter with unwonted day,

And cast for once their tempests by

To smile in Kaiulani’s eye.

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End of Federal Recognition as Indian Tribe is beginning for “Real” Hawaiian Sovereignty – Williamson B.C. Chang

I took my UH Manoa students to Professor Williamson Chang’s class last week. I was surprised and honored to have Prof. Chang write a guest blog on a topic that couldn’t be more relevant right now – the seeming failure of Fed-Rec. Continue reading

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The Rule Change

The effort for Federal recognition of Native Hawaiians for the purposes of creating a governing entity went through three stages, or attempts: The Akaka Bill, direct recognition by the Department of Interior and the rule change.

Dept. of Interior (DOI) Hearings:

https://www.doi.gov/news/pressreleases/interior-considers-procedures-to-reestablish-a-government-to-government-relationship-with-the-native-hawaiian-community

In this latest (and what seems to be the most successful) attempt DOI looked to reestablish government-to-government relationship between Federal government and Native Hawaiian community. On June 18, 2014, the DOI stated,

The Secretary of the Interior (Secretary) is considering whether to propose an administrative rule that would facilitate the reestablishment of a government-to-government relationship with the Native Hawaiian community, to more effectively implement the special political and trust relationship that Congress has established between that community and the United States. The purpose of this advance notice of proposed rulemaking (ANPRM) is tosolicit public comments on whether and how the Department of the Interior should facilitate the reestablishment of a government-to-government relationship with the Native Hawaiian community. In this ANPRM, the Secretary also announces several public meetings in Hawaii and several consultations with federally recognized tribes in the continental United States to consider these issues.

Secretary of the Interior, Sally Jewell stated “The Department is responding to requests from not only the Native Hawaiian community but also state and local leaders and interested parties who recognize that we need to begin a conversation of diverse voices to help determine the best path forward for honoring the trust relationship that Congress has created specifically to benefit Native Hawaiians.” Public hearings throughout Hawaii, from June 23 to August 8, 2014, which I wrote about in the Nation magazine, asked 5 “Questions to be Answered:”

  1. Should the Secretary propose an administrative rule to recreate a government-to-government relationship with the Native Hawaiian community?
  2. Should the Secretary assist the Native Hawaiian community in reorganizing its government?
  3. What process should be established for drafting and ratifying a reorganized Native Hawaiian government’s constitution or other governing document?
  4. Should the Secretary instead rely on reorganization through a process established by the Native Hawaiian community and facilitated by the State of Hawaii, to the extent such a process is consistent with Federal law?
  5. If so, what conditions should the Secretary establish as prerequisites to Federal acknowledgment of a government-to-government relationship with the reorganized Native Hawaiian government?
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Prof. Williamson Chang

On September 29th, 2015, the DOI released the rule change. UH Law Professor Williamson Chang released the following statement in response:

The Department of Interior issued its long awaited proposed rule as to a Native Hawaiian Governing body. It was not much. The Federal Government is giving very little. If this is the last word on the federal government and Hawaiians, from the point of view of the United States’ the history of Hawaii ends with a “whimper not a bang”
1. It starts by noting that only the written comments counted, not the vehement oral testimony.
2. It is premised on false history: At page 6 of the long document, it states the Republic of Hawaii ceded its lands to the United States and that Congress passed a joint resolution annexing the Hawaiian Islands. Accordingly, all that follows flows from a flawed premise: The United States acquired the Hawaiian Islands and has jurisdiction. Moreover, it claims that the United States has title to the crown and government lands.
3. Even so, it gives very little. It would make a consenting Native Hawaiian government “just like” a tribe, but not a tribe.
4. The law that applies to tribes would not apply to the Hawaiian entity. Congress would have to explicit[ly] write Hawaiians in to Indian programs—just as it is today. No gain.
5. It admits that the purpose of the proposed rule is to protect Hawaiians from constitutional attacks on Hawaiian-only entitlement programs. The Department of the Interior, however, does not control the U.S. Supreme Court. The Court would still be free to strike down Hawaiian only programs if it so desired.
6. The Hawaiian governing entity gets no lands by this proposal
7. The proposal does not affect Federal holdings or title to the Crown and Government lands.
8. There is to be no compensation for past wrongs.
9. The rule limits the Hawaiian government to Hawaiians only.
10. Only one Hawaiian government can establish a relationship with the Federal Government under this proposal.
11. It precludes federal recognition of a restored Kingdom of Hawaii, or Provisional Government that would become a State either as a Kingdom or any other.
12. The Hawaiian Government cannot be in violation of “federal laws” such as the prohibition on ‘titles” in the U.S. Constitution—thus no quasi-Kingdom either.
In summary—and this is from a very brief reading. I may be in error, I may have overlooked various important sections, but in the name of getting this to you as soon as possible. Here is the link to the proposal, its supporting documents and frequently asked questions.

The Notice of Proposed Rulemaking read:

The U.S. Department of the Interior is proposing to create an administrative procedure and criteria that the Secretary of the Interior would apply if the Native Hawaiian community forms a unified government that then seeks a formal government-to-government relationship with the United States.  Under the proposal, the Native Hawaiian community — not the Federal government — would decide whether to reorganize a Native Hawaiian government, what form that government would take, and whether it would seek a government-to-government relationship with the United States.

The proposal, which takes the form of a Notice of Proposed Rulemaking (NPRM), builds on more than 150 Federal statutes that Congress has enacted over the last century to recognize and implement the special political and trust relationship between the United States and the Native Hawaiian community.  The NPRM comes on the heels of a robust and transparent public comment period as part of an Advance Notice of Proposed Rulemaking (ANPRM) process that began last year and included public meetings.  More than 5,000 members of the public submitted written comments to the ANPRM, and they overwhelmingly favored creating a pathway for re-establishing a formal government-to-government relationship.

Members of the Hawai’i Congressional delegation predictably responded in favor of the rule change, as did Governor Ige. Rep. Tulsi Gabbard’s statement was perhaps the most substantive:

Many indigenous groups in the U.S. have the right of self-determination, and today’s announcement acknowledges that that right also belongs to the Native Hawaiian people, one of the largest native communities in the country. These rules incorporate over 5,000 public comments submitted to the Department of Interior (DOI), and should they be adopted, the Native Hawaiian community will have the option to re-establish a unified government and self-determine their future relationship with the federal government. I encourage all interested parties to submit their comments to DOI during the 90-day public review period to ensure a collaborative final ruling.

The list of candidates for delegate to the constitutional convention was released by Na’i Aupuni the next day. It can be viewed here, but prominent candidates included John Aeto, Keoni and Louis Aagard, OHA trustee Rowena Akana, former Mayor Dante Carpenter, Prof. Williamson Chang, Jade Danner, Prof. Lilikala Kame’eleihiwa, Senator Brickwood Galleria, Adrian Kamali’i, Sovereignty leader Dennis “Bumpy” Kanahele, Colin Kippen, Prof. Daviana McGregor, former OHA administrator Clyde Namu’o, and Native Hawaiian Legal Corp. director Moses Haia, among many others.

There is a question of whether the rule change gives the kind of legal protection that was the point of Federal recognition, or if it is merely a Federal sanction of a process already happening. The Hawai’i Independent ran a story questioning the validity of the rule change:

“We have to remember that this process started with the State of Hawai‘i, not the Hawaiian people,” [Andre] Perez told The Independent over the phone. “Hawaiians did not initiate or pass Act 195, which created Kana‘iolowalu. The state legislature did, and gave the governor the power to appoint members to the commission. True self-determination does not come with a state-initiated, state-controlled process like this.”

Keanu Sai happened to speak to my class the day after the rule change. As I pondered the question of whether this was a victory for the Fed Rec set, it seemed to have no effect on Sai’s view that it was simply more Federal legislation inapplicable in foreign (Hawaiian) territory.

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Interview with George Cleveland, reconciliation advocate and grandson of President Grover Cleveland

This is the third in my interview series. In the first two posts, I speak with publisher Ikaika Hussey and “super-teacher” Amy Perruso. I met George Cleveland through Kahu Dr. Kaleo Patterson, with whom Cleveland has done work on reconciliation, a topic about which I’m very keen.
‘Umi Perkins: Can you tell us (as briefly or extended as you like) about your background? I understand you went to prep school in my wife’s hometown, for instance.
George Cleveland: I was born and raised in Baltimore, Maryland. A wonderful town even though back then people used to cringe when you said you are from Baltimore. ​

George Cleveland often stands in as President Cleveland for historical reenactments

​It was a pretty sheltered upbringing that changed a lot when I got out of town and went to boarding school in Lenox, Massachusetts. It was an unusual school in that it was extremely culturally diverse for that time; the late 1960’s. We had what became the only seriously successful program for Native Americans in an eastern prep school. Interesting that at that time, there were around 8 prep/boarding schools in Lenox. Now there are none. Without significant endowments, even the oldest school couldn’t make it through the 70’s.
I lived in Boston for a couple of years after high school and moved to New Hampshire. Among other things, I worked as a professional clown, was backman on a lobster boat and sold waterbeds. College and I never seemed to get along too well.​
How did it come to be that Grover Cleveland’s grandson is so young and spry in 2015?
​Who me?? My family stretched out the generations. Grover Cleveland was born in 1837. He married my grandmother in the White House in 1886. She was 21… Grover knew her prenatally as she was the daughter of his law partner in Buffalo, NY. My father was born in 1897. He met and married my mother in 1943 when she was teaching his children from his first marriage. We dropped two generations.​
​Oddly, I am always asked what he was like. He died in 1908, so our paths did not cross. My grandmother died in 1948, so I just missed knowing her.
I like to remind people that I had TWO sets of grandparents. My maternal grandparents were from a tiny village in Scotland. My grandfather went to sea when he was 14 and worked his way up to captain.​
I find it interesting that you, like Lorrin Thurston’s grandson (who is still alive) seem to side with your grandfather. You’ve said things to that effect.

​Well…he was right!

It can be a little tricky siding with someone from that long ago whom you did not know personally. But…it is my understanding that my grandparents and Queen Liliuokalani admired each other. And I know that one of the first things Grover tried to do when he came back into office in 1893 was to get the overthrow overthrown. AND I know that not seeing the Kingdom reinstated was one of the big disappointments of his life. ​

​When I speak as part of Grover’s ohana, I try and keep it to what I know from historical record and not what I think he thought. That being said, it is my understanding that when news reached him that the Queen would not be reinstated, he said something to the effect of, “So, Hawai’i is ours.” ​I see this simple statement as sadness that “manifest destiny” and greed had won out over what was just and right.

–there is a bit of irony that I am writing this only two days before Liliuokalani’s birthday and on the day when President Obama is about to officially rename Mt. McKinley in Alaska.
Like you, I have some illustrious ancestors, though no presidents:). A great-granduncle of mine is Lew Wallace, for instance, the man who wrote Ben Hur. My grandfather’s name is Wallace Perkins, after that line of the family. I’ve become somewhat obsessed with him. How much do  you think ancestry shapes us?

​That is a really tough question to answer. Would I still be a nice guy if a grandfather had been a serial killer? How would that guilt and shame inform my life choices? How hard would it be to move beyond those feelings? Would my life involve atoning for that?

I don’t know what it’s like NOT to be the grandson of a President. It has been a burden at times, but I’m way beyond that now.

Somewhere ALL of our ancestors did things we may not be proud of. Maybe the simple answer is to learn from their mistakes and do what we can to make the world more livable for more people. Do it because it’s the right thing to do and not an offshoot of ancestral guilt or shame.

I’m a White Anglo Saxon Protestant of Northern European and Celtic descent as far back as the Dark Ages. I think it’s safe to say that this race has done more to impact this planet than anything since the Big Bang. So much potential has been misplaced…
What’s your plan? (vague question, I know) – by that I mean what has driven you in life?
​Sheesh… This has changed a lot over the years and will probably change a few more times. ​
​I’d like to be a simple beacon to help people off the rocks…​
Can you talk about your work on reconciliation (which is how we came to meet)?

​Around 10 years ago when I was first contacted by Kaleo Patterson and Ha’aheo Guanson, I knew next to nothing about Hawai’i and its history. When I first visited (2006?) I was incredibly honored to stay with people like Kekuni Blaisdell and Meleanna Meyer. The things they showed me; the people I met, melded into my soul.

Kumu John Lake’s halau did a presentation for me. I sat in a chair and watched slackjawed as Kumu John translated for me in my ear. It was quite simply one of the most profound experiences of my life.

Reconciliation. It’s that which makes us able to move forward unshackled. It’s a vital process whether from one person to another or one people to another.​
​It would be presumptuous of me to say what I think is right for the Hawaiian people. ​BUT…I DO have some thoughts. The United States has done a bang up job of banging up Hawai’i; probably more than any other country. I believe the US has a moral obligation to continue and COMPLETE the removal of all potentially dangerous ordnance from Hawaiian lands and waters. And all the junk that goes with it. I haven’t been there, but I’d like to see substantial effort (money) put into doing whatever is necessary to get Kaho’olawe back together.
I love space exploration, but that doesn’t mean putting a telescope on a sacred site. If I have to pee in New York City, I don’t do it on the steps of St. Patrick’s Cathedral.
Reconciliation isn’t just about trying to mitigate and correct past wrongs by governments and armies. Reconciliation includes reaching out to friends, neighbors, strangers, smelly people and seeing what we can do for them right NOW. Just be there for someone in some kind of helpful way.
Promote peace. One of my great mentors defined “peace” as “the absence of emotional urgency”. It works for me. –when I let it!
What are your thoughts on history? I know you were the keynote speaker at National History Day, for example, which my students participate in.
​What is more important than history? It’s what we are as individuals and as humans. Even if you have no idea of your lineage, you still have history. It informs our present and our future.
There are some GREAT history teachers out there at the middle and high school levels. They are trying to teach history not as a linear progression of dates to be memorized, but as a living thing that is with us now. These teachers are doing what I see you trying to do, Umi. I have a good friend in Buffalo, NY who is trying to teach the teachers how to better befriend history; he takes them on field trips all summer.
I think it’s important for people to realize that NO ONE has a boring history. I work in a senior center. We have many participants who saw horrible and dramatic action in battle. We have many participants who saw incredible life changing events on the homefront. Some of those homefront stories are pretty dramatic too.
National History Day is a tremendous program. But as I said when I spoke to a group there, how many who have won History Day awards will get the same reception when they get home as the football team ​
​would?? Will the mayor recognize their feat? Will they ride through their village on the fire truck? Gotta fix that…​

Any final thoughts – for Hawaiians or others?
​My final thoughts are ones of gratitude for the patience and understanding shown to me by the people I’ve met who are working FOR Hawai’i. Not just for preservation, but for continuation.
The spiritual nature of things is more palpable in Hawai’i than any place I’ve ever been.
I have very close friends in Hawai’i, even if it’s only a Facebook friendship at times. AND, I’ve gotten flamed a few times for hanging out with and agreeing with some of them!
I send much Aloha to all of them, to all your readers, and to you, Umi. Mahalo for all you are doing.

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The need for a Hawaiian College

Historically Black Colleges and Universities (HBCUs) have produced many of the most prominent African American figures in US history, including Martin Luther King (Morehouse, 1948), Spike Lee (Morehouse 1979), Toni Morrison (Howard, 1953), W.E.B. DuBois (Fisk, 1888), and Jesse Jackson (North Carolina A&T, 1964). The inner politics and purpose of a typical HBC are seen in Ralph Ellison’s Invisible Man. The idea was that traditional (read: white) colleges either did not admit African Americans or discriminated against them once they were there.

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According to collegecures.com:

Historically Black Colleges and Universities (HBCU’s) have been around since 1837, the first one being Cheney University in Pennsylvania.

Today there are 105 Historically Black Colleges and Universities in the United States. A lot of people questions whether they’re necessary or not, but these colleges and universities have done great things for the African American community.

While HBCU’s only make up 3% of the college institutions in the United States, 75% more African Americans graduate from an HBCU than any other school, and over half of America’s African American professionals have graduated from an HBCU.

Similar to Native American tribal colleges, their progressive approach was to create their own institutions, as much racism is institutional and therefore invisible. Similarly, Hawaiians are often discriminated against in institutions of higher education. These instances are hard to see when they happen, but clear when outcomes are examined; Hawaiians comprised at one point only 8% of students at the University of Hawaiʻi, Mānoa and only 2% of the faculty. This needs to be compared to Hawaiians’ 19% in the general population and 40-50% in the prison population. One Hawaiian educator, now in his 60s, relates that when he was in elementary school and said he wanted to go to college, his teacher said “Hawaiians donʻt go to college.”

We are a long way from that now, but many problems remain. Even Kamehameha graduates only complete college at a rate of between 48 – 68%, and as a group these are the highest performing Hawaiian students, as Kamehameha has a 7-10% acceptance rate and a 98% college acceptance rate.

Hawaiians have begun to redesign education at all levels, especially K-12, and experiment with alternative, and specifically Hawaiian pedagogy. The verdict remains out on these experiments, but relatively few have been performed at the tertiary level, partly because of institutional, state and Federal constraints.

This is not to disparage the real progress that has occurred at UHM’s Kamakakūokalani Center for Hawaiian Studies, Hawaiʻinuiakea School of Hawaiian Knowledge or UH Hilo’s Ka Haka ʻUla o Keʻelikōlani, but merely to offer another alternative. What does not exist is a Hawaiian liberal arts college.

It is beginning to become clear that the explosion in college costs can be attributed to the rise in non-teaching positions. For one college it was recently reported that of 19,000 employees, only 5,000 were teaching positions. Many of these positions were created with good intentions, but it canʻt be argued that it is fair to pass all these costs on to students, who are already drowning in debt.

What is implicated is a college that refocuses on teaching and is light on administration – such a model could keep costs much lower than is currently considered normal. Lecturers are already teaching for as little at $1000 per course at local colleges, so teaching talent is not expensive to attract. 70% of all teaching faculty in US universities today are lecturers, and less than a quarter are tenured faculty.

I am suggesting a private college that could charge tuition under $5000 per year by eliminating non-teaching positions. Its private status could be used to avoid the many restrictions which force public institutions into creating expensive “specialist” and administrative positions.

I grew  up from age 9 around the campus of the only private, non-religious college in the South Pacific, Atenisi University. Atenisi has existed – though several times this existence has been in jeopardy – since 1975, charging tuition of around $100 (Tongan – about $200 USD) per year, with no government or church support, or grants. This brainchild of the great Tongan sage Futa Helu is probably where I got the notion that such an institution is possible. A New Zealand film maker was inspired enough to make a documentary about Helu and Atenisi, linking them to the Tongan democracy movement (Atenisi is a transliteration of Athens):

Similarly, frustrated by the increasingly corporate-driven model of academia, the scholars Creston Davis and my PhD class/cohort-mate Jason Adams started their own university, the Global Center for Advanced Studies. GCAS features on its faculty many of the top philosophers and theorists in the world, such as Slavoj Zizek and Gayatri Spivak. Alain Badiou, formerly chair of Philosophy at the École Normale Supérieure and who Zizek has called “Hegel walking amongst us” is its Honorary President.

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Adams formed another school in 2014, the New Centre for Research and Practice, in Michigan.

There is beginning to be a small group of Hawaiian college administrators who could lead such an institution. As Ron Paul has noted, the current college funding system (debt – $1 trillion of it) is broken. This is just an idea of an alternative that could return university study to what it was originally meant to be – a place of teaching, learning and the building of skills, rather than a machine processing the monies from tuition, grants and sports. If nation-building is a serious goal for Hawaiians – and it is – an institution to educate our people our way is crucial.

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Occupation redux

In the (proposed) 1899 Hague Regulations, the basic premise of the law of occupation was stated:

The country invaded submits to the law of the invader; that is a fact; that is might; but we should not legalize the exercise of this power in advance, and admit that might makes right (Beernaert in Benvenisti, 2012, 90).

In the fourth Geneva Convention (GCIV) (which was crafted to with the “aim of imposing on occupants ʻa heavy burden”) (Benvenisti, 2012, 97), the norm was codified that the occupant (occupier) must take three considerations into account: “itʻs own security interests, the interests of the ousted government, and those of the local population, which may be different from the interest of their legitimate government” (Benvenisti, 2012, 69).

First Geneva Convention, 1864

The norms of GCIV were formed in the context of the Franco-Prussian war of 1870-71, which created an expectation that during occupation the occupying military and the civilian population could be kept at a distance from each other and even co-exist relatively harmoniously (Benvenisti, 2012, 70). As for changes to law, they were to be kept at an absolute minimum, but were allowable for the purpose of making occupation practicable and functional on the ground. Benvenisti (2012, 90) notes that the rule that changes to law are only when “absolutely necessary … has no meaning” because the occupant is never absolutely prevented from complying to local law.

Article 43 of the GCIV was a mandate to “restore and ensure public order and civil life” – this came to be seen as an “incomplete instruction to the occupant” because of the conflicts of interest between occupant and the ousted government (Benvenisti, 2012, 71).

Changes to the law of occupation also continued as human rights became more of a concern to the international community. As this occurred, actual occupants began to seek to avoid the responsibilities of occupation by “purport[ing] to annex or establish[ing] puppet states or governments, rely[ing] on ʻinvitations’ from indigenous governments [the Soviet/Russian formula]” and other means (Benvenisti, 2012, 72).

But as is often pointed out, these means are not legitimate as GCIV states “the benefits [or applicability] of the [Geneva] Convention shall not be affected … by any annexation … of the whole or part of the occupied territory.” In short, the occupant retained the duty to fulfill its obligations under the law of occupation (GCIV in Benvenisti, 2012, 73).

As with all legal documents and doctrines, however, it is “impossible to read the drafting history of the GCIV without paying close attention to the diverse concerns of the different state representatives” (Benvenisti, 2012, 98). That is to say, it is contingent on the conditions of the time and context in which it was crafted.

HUMAN RIGHTS

As it developed in the twentieth century, the human rights regime came to decenter the law of occupation’s emphasis on the agency of states as the only actors. People came to play a role in international law, under which previously only states were subjects. In the occupation of Iraq, for example, Amnesty International pushed for changes in Iraqi law – normally in contravention of the law of occupation – for the purpose of the protection of human rights. Occupation was in this case seen as an opportunity to improve conditions for the citizens of the occupied state (a rare, but quite possible scenario). Sharia law was in this case seen as “incompatible” with GCIV rights (Benvenisti, 2012, 103).

NECESSITY

Keanu Sai has used the “doctrine of necessity” as a justification for forming the Acting Government of the Hawaiian Kingdom; the necessity of an “organ” to speak on behalf of the occupied state, in other words, necessitated the creation of a “government” whose legitimacy would otherwise be highly questionable. Benvenisti notes this doctrine as a “recognized justification for legislation by the occupant,” but noted that it does not apply to the civil and criminal laws of the occupied state: “the penal laws of the occupied territory shall remain in force,” (Benvenisti, 2012, 96) ostensibly to prevent draconian trials and execution of resisters against the occupation. However, it is also recognized that the occupant would be “prevented from respecting the laws in force” in the rare case that they “conflicted with its obligations under international law, especially [the GCIV] (brackets original)” (Benvenisti, 2012, 102).

DEBELLATIO

Sai also notes that Debellatio, or conquest, while seen as a legitimate form for the transfer of sovereignty, was essentially outlawed in the Americas – by the United States and some of the recognized sovereigns in South America – because they feared their former colonial overlords would re-conquer them. This, in his view, was the purpose of the 1823 Monroe Doctrine. As Jay Sexton notes in his book  The Monroe Doctrine, “American statesmen exploited fears of foreign intervention in order to mobilize political support” (Sexton, 2011, 12). Sexton also notes how the Tyler Doctrine (actually proclaimed in 1842 by secretary of state Daniel Webster) “effectively extended the 1823 message  [the Monroe Doctrine] to Hawaiʻi” (Sexton, 2011, 112). As a result, the United States does not recognize debellatio – conquest – as a legitimate form of transferring sovereignty. This quells any argument that even though there was no conquest of the Hawaiian Kingdom, “there would be.”

MANAGEMENT OF NATURAL RESOURCES

The occupant is allowed to collect taxes, “as far as is possible, in accordance with the rules of assessment and incidence in force … to defray the expenses of the administration of the occupied territory” (Benvenisti, 2012, 81). In other words, the occupant should not, as was seen in the film The Last Emperor, make the occupied “pay for its own occupation” as the Japanese ambassador says to the Emperor of Manchuria (Manchukuo). The occupant is also bound by the general rules regarding property of usufruct – the use of land without destroying it (Benvenisti, 2012, 77). This is relevant to the U.S. presence in Hawaiʻi as evidenced by the more than one hundred Superfund sites at Pearl Harbor alone.

NATIONALS OF THE OCCUPYING POWER

My own understanding of the law of occupation is that it strictly prohibits the “overwhelming” of the nationals of the occupied state with settlers from the occupying state, as was done by Russia to Estonia and other Baltic states. Benvenisti treads very lightly here, noting only that settlement need only avoid “impinging on the rights” of the citizens of the occupied state. It is possible (though I donʻt mean to hastily accuse him) that his status as an Israeli influences this light treatment of settlers, and he does mention Israel, the West Bank and Gaza in the very short section on this topic (Benvenisti, 2012, 106-107).

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